What's happening
This bill allows New York courts to conduct arraignments electronically using audio-visual technology, with procedures and safeguards outlined.
Why it matters
Expands access and efficiency by allowing courts to arraign defendants remotely. when physical appearance is impractical—potentially reducing transportation costs, delays, and logistical burdens for law enforcement and courts.
Includes clear safeguards for defendants' rights. Defendants cannot plead guilty during an electronic arraignment, and a traditional stenographic record must be kept, ensuring legal integrity and due process.
Requires strict technical and administrative oversight. , mandating that only secure, independent audio-visual systems be used, with regular inspections and approval processes by judicial and technical authorities, addressing concerns about privacy, security, and reliability of remote proceedings.
Centralizes decision-making and oversight with court administrators. , allowing them to authorize, renew, or revoke electronic arraignment capabilities, which could help standardize practices across jurisdictions but also concentrates discretion at the administrative level.
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Who cares
Headline styles
Allow Statewide Video Arraignments
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Statewide Video Court Arraignments
In Assembly Committee · Codes · Sponsor Kenneth Blankenbush
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1019
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. YOUNG, AKSHAR, RANZENHOFER, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the use of video monitoring equipment to conduct arraignments; and to repeal article 185 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 185 of the criminal procedure law is REPEALED and a new article 185 is added to read as follows:
ARTICLE 185
ALTERNATE METHOD OF ARRAIGNMENT
Section 185.10 Definition of terms.
185.20 Electronic arraignment.
185.30 Conditions and limitations on electronic arraignment.
185.40 Approval by the chief administrator of the courts.
§ 185.10 Definition of terms.
As used in this article:
1. "Independent audio-visual system" means an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers or monitors, channel converters, or other available receiving devices.
2. "Electronic arraignment" means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, coun-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03726-01-9
S. 1019 2
sels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system.
3. "Secure location" means any facility used by the state, county, city, town or village law enforcement entity to temporarily hold a person not released on his or her own recognizance and given an appearance ticket or summons pending arraignment on an accusatory instrument. § 185.20 Electronic arraignment.
Notwithstanding the provisions of subdivision nine of section 1.20, sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10 and 180.10 of this chapter or any other provision of law as they pertain to a defendant's personal appearance at arraignment, the court in its discretion may dispense with the defendant's personal appearance at the arraignment whenever such defendant is being held at a secure location outside the court house and conduct an electronic arraignment, provided that the chief administrator of the courts has authorized the use of electronic arraignments for the court, pursuant to the provisions of section 185.40 of this article. § 185.30 Conditions and limitations on electronic arraignment.
Whenever a person is arraigned by means of an electronic arraignment, the following conditions and limitations shall apply:
1. The defendant may not enter a plea of guilty;
2. No electronic recording of an electronic arraignment may be made, viewed or inspected except as may be authorized by rules of the chief administrator of the courts; and
3. Stenographic recording of the arraignment shall be made to the same extent as if it were an ordinary arraignment rather than an electronic arraignment. § 185.40 Approval by the chief administrator of the courts.
1. The appropriate administrative judge shall submit to the chief administrator of the courts a written proposal for the use of electronic arraignments for a particular court and the precincts under the jurisdiction of that court. If the chief administrator of the courts approves the proposal, installation of an independent audio-visual system may begin.
2. Upon completion of the installation of an independent audio-visual system, the commission on cable television shall inspect, test and examine the independent audio-visual system and certify to the chief administrator of the courts whether the system complies with the definition of an independent audio-visual system and is technically suitable for the conducting of electronic arraignments as intended.
3. The use by a court of an approved independent audio-visual system for the purpose of authorized electronic arraignments, shall be inspected subject to renewal every two years from the date of authorization by the chief administrator of the courts.
4. The chief administrator of the courts may withdraw approval of the authorization at any time.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to the use of video monitoring equipment to conduct arraign- ments; and to repeal article 185 of such law relating thereto
Purpose or general idea of bill
To allow electronic arraignment for defendants being held in a secure location outside the court house provided the chief administrator of the courts has authorized the use of electronic arraignment.
Summary of specific provisions
Section 1: Article 185 of the Criminal Procedure Law is repealed and a new Article 185 is added. Section 2 sets forth the effective date.
Justification
Currently, defendants must be physically present during arraignment proceedings which sometimes result in great cost to the county in which the proceedings are being held. The county holding arraignment proceedings must bear the cost of transporting defendants from a secure location to the court for the defendants' personal appearance. This is a significant cost to the county which is host to such proceedings.
With today's modern technology it is possible to hold arraignment proceedings through an audio-visual system whenever the defendant is being held at a secure location outside the court house. This bill would allow for such electronic arraignments provided that the chief adminis- trator of the courts has authorized the use of electronic arraignments for the court.
Stenographic recordings of the arraignment will be made to the same extent as if the defendant made a personal appearance to the arraign- ment. All audio-visual systems will be tested and inspected by the Commission on Cable Television upon installation and every two years thereafter.
Legislative history
2018: S.554/A.4581 Reported and Committed to Finance 2017: S.554/A.4581 Passed Senate 2015,2016: S.3083/A.9264 Passed Senate 2013,2014: S.2242 Referred to Codes 2011,2012: S.837 Referred to Codes 2009,2010: S.4681 Referred to Codes 2007,2008: S.2691/A.4237 Referred to Codes 2006: A.10306 Held in Codes
Fiscal implications
Other than the original cost of electronic arraignment equipment and installation, the Counties will save money from the transportation costs of defendants from secure locations outside the court house to the court house.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.